A Federal High Court in Abuja has stayed indefinitely, further proceedings in the trial of former Head of Service (HOS) of the Federation, Winifred Oyo-Ita and eight others on an 18-count money laundering charge.
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Justice Taiwo Taiwo, in a ruling on Wednesday, agreed with the defendants to stay further proceedings pending when the prosecution discontinues a related case pending before another judge -Justice Folashade Giwa-Ogunbanjo – also of the Federal High Court, Abuja.
Charged with Oyo-Ita are: Frontline Ace Global Services Limited; Asanaya Projects Limited; Garba Umar and his two companies – Slopes International Limited and Gooddeal Investments Limited; as well as Ubong Okon Effiok and his two companies – U & U Global Services Limited and Prince Mega Logistics Limited.
The prosecuting agency, the Economic and Financial Crimes Commission (EFCC) charged the defendants with offences bordering on corruption, fraud, obtaining estacodes and Duty Travel allowance (DTA) for journeys either not undertaken or not in existence, involving about N570million.
They pleaded not guilty to the charge at their arraignment on March 23, 2020, following which the court adjourned for the commencement of trial.
On December 1, 2020 when lawyer to the prosecution, Mohammed Abubakar indicated his readiness for trial, lawyers to the 4th, 5th and 6th defendants (Umar, Slopes International Limited and Gooddeal Investments Limited), particularly Augustine Ananukwa said the defence was not ready for trial.
The defendants argued that, while the charge was pending before Justice Taiwo, the EFCC went before another judge, Justice Giwa-Ogunbanjo to obtain interim forfeiture orders freezing the bank accounts of 4th, 5th and 6th defendants.
They demanded that the freezing orders be reversed, arguing that the decision by the EFCC to approach another court for the orders amounted to an abuse of the process of the court.
Abubakar argued otherwise, insisting that the action of the EFCC was a lawful practice, not intended to abuse the court’s process, but to secure the funds in the affected accounts and prevent them from being dissipated before the conclusion of trial.
In his ruling on Wednesday, Justice Taiwo, who had earlier on February 11, 2021 threatened to return the case file for re-assignment if the EFCC fails to discontinue the case before the other judge, held that the prosecution’s act in obtaining the ex-parte freezing orders from a separate court was an abuse of process.
The judge noted that the prosecution simply engaged in “judge shopping,” with the intention of getting a favourable court judgment, adding that the EFCC’s conduct was reprehensible and condemnable.
Justice Taiwo, who also described the act as forum shopping, said it was a contemptuous move.
He then proceeded order a stay of proceedings in the trial until the EFCC and its lawyer “do the needful” by withdrawing the application before the other court.
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